Terms of Service

Introduction

This website Access Tuition (“the Site”) is operated by Kevin Gray (“we” or “us”). By accessing or using the Site you agree to be legally bound by these terms and conditions (the “Terms”), which shall take effect immediately on your first use of the Site. Please read them carefully they contain important information about your rights and obligations. If you do not wish to be bound by the Terms then please do not use the Site.
We may change the Terms from time to time, so you must check them regularly. Your continued use of the Site will be deemed acceptance of the updated or amended Terms. If you do not agree to the changes, then do not use the Site.

Interpretation

“Account” means a personalised account on the Platform which enables a Student to access and use the Services, including Student accounts, Tutor accounts and Agency accounts;
“Agreement” means a contract made under these Terms and Conditions between the Provider and the Student;
“Business Day” means any weekday other than a bank or public holiday in England;
“Business Hours” means the hours of 09:00 to 18:00 GMT/BST on a Business Day;
“Data Protection Laws” means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable, the General Data Protection Regulation (Regulation (EU) 2016/679);
“Effective Date” means the date upon which the Student completes and submits the online Services Registration published by the Provider on the Platform;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party and changes to the law);
“Help Centre” means the help documentation and support messaging system for the Platform, produced by the Provider and made available to the Student via their Account;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or not registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs);
“Lesson” means a tutoring session delivered by a Tutor and received by a Student.
“Personal Data” has the meaning given to it in the Data Protection Laws applicable in the United Kingdom;
“Platform” means the Access Tuition website, which will be made available by the Provider to each Student in accordance with these Terms and Conditions, for use in providing Services.
“Provider” means Access Tuition as founded and operated by Kevin Gray;
“Services” means the services provided to the Student via the Platform for use in tutoring and tutoring support;
“Student Registration” means the online registration form published by the Provider and completed and submitted by the Student incorporating these Terms and Conditions by reference;
“Student” means a registered user seeking or receiving tutoring from a Tutor. For individuals under the age of 18 years old this includes their legal Guardian;
“Student Data” means all data, works and materials: uploaded to or stored on the Platform by the Student; transmitted by the Platform at the instigation of the Student; supplied by the Student to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Platform by the Student (but excluding analytics data relating to the use of the Platform and server log files);
“Student Personal Data” means any Personal Data that is processed by the Provider on behalf of the Student in relation to the Agreement;
“Support” means support services provided by the Provider to the Student in relation to the use of, and the identification and resolution of errors in, the Platform, but shall not include the provision of training services;
“Term” means the term of the Agreement;
“Terms and Conditions” means all the documentation containing the provisions of the Agreement, namely the main body of these Terms and Conditions and Privacy Policy and including any amendments to that documentation from time to time;
“Tutee” means a person using the Site for the purpose of participating in a Lesson with a Tutor;
“Tutor” means a registered individual offering or providing tutoring to Students;
“User” means a Tutor, a Tutee or anyone using the Site.
“Online classroom” means a secure and private in-browser video, text, whiteboard and file upload facility.
“Web Browser” means the current release from time to time of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Provider agrees, via the Help Centre, shall be supported;
In these Terms words importing the singular shall include the plural and vice versa, words importing the masculine shall include the feminine and neuter and vice versa, and words importing persons shall include bodies corporate, unincorporated associations and partnerships.

Nature of Site

The Site provides online tutorials where Students can seek assistance with schoolwork, homework or preparation for exams. Lessons will take place by way of the online classroom available on the Site.

Your Warranties

Each of the Students hereby warrants to us and to all Users that:
4.1 They will not provide any User with any information that could allow them to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organisation, school or body of which they are a member;
4.2 Their behaviour will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any respect;
4.3 Students of less than eighteen years of age can only participate with the involvement of a parent or guardian.

Payment

5.1 The Charges set out on the Site are specified as a monthly rate. The Charges are inclusive of any applicable VAT.
5.2 A Student’s account will expire if unused for twelve months or following completion of final exams.
5.3 If a Student wishes to cancel their account they may do so through their Account at any time.

Modifications to and availability of the Site

6.1 We reserve the absolute right to alter, suspend or discontinue any aspect of the Site or the services provided through it, including access to it. Unless explicitly stated, any new features on the Site, including but not limited to the release of new services, shall be subject to the Terms.
6.2 We aim to make the Site available at all times but cannot guarantee that the Site will operate continuously or without interruptions nor that it will be error free. Users must not attempt to interfere with the proper working of the Site and, in particular, users must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.

Applicability of Online Materials

The Site is controlled and operated by us from our offices in England. We make no representations that the Site or any content of it is appropriate or available for use in other countries. Those who visit the Site from other countries do so on their own initiative and at their own risk.

Linked Sites

We may provide hypertext links to other sites on the Internet which are operated by other people who we believe offer services and/or products which complement those offered by us. We make no representations whatsoever about any other sites which users may access through this Site or which may link to the Site. When a user accesses any other site they does so on the understanding that:
it is independent from this Site and that we have no control over the content or availability of that site;
a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site; and
we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Any concerns regarding any external link should be directed to its respective site administrator or web master.

Registering and Online classroom rules

9.1 In order to participate in Lessons, Users will be required to register with us. Any personal information supplied to us as part of this registration process and/or any other interaction with us will be collected, stored and used in accordance with our privacy policy.
9.2 Users must register with a valid personal email address that they access regularly so that notification and moderation emails can be sent to them. If a user registers with someone else’s email address, or with temporary email addresses then his registration may be terminated without notice. We may require Users to re-validate their registration if we believe they have been using an invalid email address. We reserve the right to termination a registration if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of registrations.
9.3 Users agree to use the Online classroom in accordance with the following rules (“the Rules”):
Self setup: Users must configure their own computer in order for video, collaborative whiteboard and file sharing facilities to operate. Access Tuition does not provide support facilities to resolve issues such as firewalls and system / virus scanning permissions.
No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
No unlawful or objectionable conduct: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
No spamming or off-topic material: discussions should be relevant to the topic in hand and must not include unsolicited promotional material.
No advertising or promoting: we do not allow advertising, promotions nor the posting of other web site addresses.
No impersonation.
No inappropriate (e.g. vulgar, offensive etc) user names.
9.4 Users may not use the Platform or Online classroom to submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Submitting or sharing material with the intention of committing or promoting an illegal act is strictly prohibited. Users agree to submit to or share only contributions which are their own original work. Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
9.5 If a User fails to abide by the Rules (and any variations thereto) they will be sent an email which informs them why they has breached the Rules. This email will also include a warning that continuing to break the Rules may result in action being taken against them. This action may include the temporary or permanent suspension of their ability to participate in any Lesson. If we consider such breach of the Rules to be serious and/or repeated, we may use whatever information that is available to us about the User to stop any further such breaches. This may include informing relevant third parties such as the police, your employer, school or email provider about the infringement. We reserve the right to take action against any User or any account, at any time, for any reason. We reserve the right to termination a registration if a User disrupts any of our services in any way.

Online Forum rules

10.1 Users can post their own questions and partake in public questions, by providing answers and joining in discussions, thereby sharing their knowledge and information.
10.2 Any User who shares information with others agrees to do so in accordance with the Rules set out at Clause 9.3 above, and in addition the following rules which shall be known as the “Online Forum rules”:

Contributions must be civil and tasteful.
No selfish behavior: Users must conduct themselves in a way that does not infringe the rights of, restrict or inhibit anyone else’s use or enjoyment of the Site.
Be patient: Users of all ages and abilities may be taking part in.
Contributions containing languages other than English may be removed: in order to ensure compliance with the Rules and the Online Forum rules, we require all submissions to be made in English.

10.3 Users may not submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited. Users agree to submit to or share contributions which are their own original work. Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
10.4 If a User fails to abide by the Rules and the Online Forum rules (and any variations thereto), or if a User persists in disrupting or annoying other Users will be sent an email which informs them why their contribution has been refused or edited. This email will also include a warning that continuing to break the Rules may result in action being taken against them. This action may include any content posted by them being checked before it is allowed to go on the Site or a temporary or permanent suspension of their ability to participate in the website. If a User submits or shares offensive or inappropriate content or otherwise engage in any disruptive behaviour on the Site, and we consider such behaviour to be serious and/or repeated, we may use whatever information that is available to us about that User to stop any further such infringements. This may include informing relevant third parties such as the police, employer, school or email provider about the infringement. We reserve the right to delete any contribution, or take action against any User or any account, at any time, for any reason. We reserve the right to termination a registration if a User disrupts any of our services in any way.
10.5 If a User becomes aware of any behaviour by any other User which is in breach of the Rules or the Online Forum rules, please bring this to our attention.

Safeguarding

11.1 You must not share or obtain any contact details via the Platform, including via the messaging system and Tutor Room. This includes but is not limited to email addresses, telephone numbers, message service identifiers, VoIP identifiers, websites, online whiteboards, online collaboration tools, file sharing services, tutoring agencies, organisations or any other software or devices that allow communication.
11.2 You acknowledge that we may actively monitor the use of the Platform and its Content.
11.3 You acknowledge that all communications which occur via the Tutor Room may be recorded for safeguarding, and that these recordings may include audio and video streams as well a presentation stream. You agree that these recordings may be stored privately on secure servers and in the unlikely event of a dispute or safeguarding issue they may be accessed by the Provider in order to resolve the dispute and protect the parties involved.

Disclaimers and Limitation of Liability

12.1 The views expressed by Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Users via the Site.
12.2 We are not responsible for the availability or content of any third party sites that are accessible through the Site. Any links to third party websites from the Site do not amount to any endorsement of that site by us and any use of that site by a User is at his own risk.
12.3 The Site and all materials and information thereon, (including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services)), is provided “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by law, we exclude all representations, warranties and endorsements (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by us is correct at the time of publication no responsibility is accepted by us for any errors, omissions or inaccurate content on the website.
12.4 Nothing in the Terms limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequence, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the Site or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. Such shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.
12.5 We do not warrant that the Site or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. All Users acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
12.6 Users are responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use the Site and that they are compatible with the Site. Users also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. Users are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
12.7 We accept no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material available on or through this Site.

General

13.1 We may assign or subcontract any or all of our rights and obligations under these Terms.
13.2 Notices shall be sent by e-mail or through the internal messaging service. Notices are to be sent to us at [email protected]. We shall send notices to Users at the e-mail address provided to us during the registration process. Notices will be deemed received 24 hours after the e-mail is sent. If a User changes his e-mail address he must notify us immediately.
13.3 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
13.4 Any failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.
13.5 These Terms and the User’s use of the Site are governed by English law and both parties submit to the exclusive jurisdiction of the English courts.

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